Effective date: February 3, 2020
Institutions may appeal an adverse determination relating to an ETPL eligibility denial or termination. The purpose of an appeal is to determine:
Wisconsin's appeal procedure consists of two levels:
First Level: The Director for DWD-DET's Bureau of Workforce Training, or DWD-DET's Deputy Administrator in the Director's absence, performs an internal review by examining the adverse determination in light of the federal authority, DWD-DET's ETPL policies, and the existing record for the institution and program at issue. The Director or Deputy Administrator may also perform additional fact gathering as deemed appropriate, including communicating with institution staff. A first level appeal must occur before the matter can be appealed to the second level.
Second Level: The matter is assigned to an impartial Administrative Law Judge (ALJ) with DWD's Equal Rights Division (ERD) for a hearing. The ALJ issues an administrative decision that is final; the matter is not appealable to the Secretary of the Department of Labor.2
Note: DWD-DET's determinations relating to a period of noncompliance and fund reclamation amount may be appealed to the first level only; these determinations may not be appealed to the second level.3
If the training institution is dissatisfied with the decision from the first level of appeal, it may file a second level appeal with DWD-DET to have a hearing on the matter. The grounds for ERD to hear ETPL matters on appeal is established through a Memorandum of Agreement (MOA) between DWD-DET and ERD. The MOA specifies the following:
DWD-DET is responsible for notifying the training institution of its right to appeal an adverse determination relating to an ETPL eligibility denial or termination. To accomplish this, DWD-DET must provide the institution with a plain language statement that outlines the procedure, including timelines, the institution must follow to request a first level review of the matter. This is to be included in the email that identifies the reason(s) for the denial or termination. See 7.5.2 Wisconsin's Procedures for Eligibility Denials and Terminations.
If the result of the first level appeal affirms the adverse determination and the institution has the right to a hearing, DWD-DET must provide the institution with a plain language statement that outlines the procedure, including timelines, the institution must follow to file a second level appeal. If the institution does not have the right to a hearing, DWD-DET must notify the institution that the determination from the first level appeal is final.
The institution's failure to comply with this procedure, including timelines, results in the institution waiving its right to appeal.
For purposes of this procedure:
Note: Any Officer of the institution may appeal a denial or termination of eligibility. If the individual appealing is not the Officer that DWD-DET has on record for the institution, DWD-DET must confirm that the individual appealing meets the definition of an Officer before the appeal may proceed. This, however, may result in a delay of the aforementioned timeline. This delay will not affect the institution's right to have the matter reviewed on appeal.
DWD-DET requires that the individual who files the second level appeal, or a designee, appear at the hearing to represent the institution. For the purposes of this procedure, to "appear" means that the representative participates in the hearing using the method of communication chosen by the ALJ.
If no representative(s) for the institution appear at the scheduled hearing, the institution loses its right to the hearing.
If eligibility for a program on the ETPL website is terminated, DWD-DET will remove the program from the ETPL website for the duration of the appeals process.
If a training program's ETPL eligibility had been terminated but, following the appeals process, eligibility is reinstated, DWD-DET will republish the program to the ETPL website within three business days from the final determination.
If a training institution or one of its training programs had been denied eligibility and, following the appeals process, the denial is affirmed, the institution may reapply to the ETPL as soon as it can address the reason(s) that had originally resulted in the denial.
If, following the appeals process, it is affirmed that an institution committed a substantial violation, the institution must wait two years from the date of the final determination before reapplying to the ETPL.4
For purposes of this procedure, "the final determination" means the date the email notification is sent following the first level appeal or the date the ALJ's decision is served following a second level appeal.
For a first level appeal, the individual performing the internal review cannot have a potential or perceived conflict of interest. Examples of potential or perceived conflict of interest include:
If there is a potential or perceived conflict of interest, the individual performing the internal review must recuse her/himself from the appeal proceeding. Should the situation arise where both the Director for DWD-DET's Bureau of Workforce Training and DWD-DET's Deputy Administrator must recuse themselves, another director within DWD-DET will be asked to perform the internal review.
Effective date: September 2, 2019
The training institution's Officer is typically an owner, president, vice president, other executive-level representative of the institution, board director or provost.
The Officer is an individual who, acting on behalf of the institution, is authorized to (1) sign the ETPL Agreement and (2) designate individuals who manage ETPL Provider Portal user access for the institution.